Section 202 of the Strengthening Protections for Social Security Beneficiaries Act of 2018, bars an individual convicted of any of the following felonies or convicted of attempt or conspiracy in connection with the following felonies from serving as a payee unless the individual is the:
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custodial parent of the minor child for whom the individual applies to serve;
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custodial spouse of the beneficiary for whom the individual applies to serve;
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custodial parent of an adult beneficiary who has a disability which began before the beneficiary attained age 22, for whom the individual applies to serve;
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custodial court appointed guardian of a beneficiary for whom the individual applies to serve;
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custodial grandparent of the minor grandchild for whom the individual applies to serve;
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parent who was previously payee for their minor child who has since turned 18 and continues to be eligible for benefits; or
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recipient of a presidential or gubernatorial pardon for the conviction.
The felony crimes that bar certain applicants from serving as a payee are:
Human Trafficking is the act of recruiting, transporting, transferring, harboring, or receiving a person through a use of force, coercion or other means, for the purpose of exploiting the person.
False imprisonment is the illegal confinement of one individual against their will by another individual in such a manner as to violate the confined individual’s right to be free from restraint of movement.
False imprisonment often involves physical force but such force is not always required. The threat of force or arrest, or a belief on the part of the person being restrained that force will be used, is sufficient.
Kidnapping is the unlawful and non-consensual seizure of a person for the purpose of gaining a ransom or reward, facilitating the commission of a felony or a flight after the commission of a felony, terrorizing or inflicting bodily injury on the victim or a third person, or interfering with a government or political function.
Definitions of rape or sexual assault are:
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Rape is a type of sexual assault usually involving sexual intercourse, initiated by one or more persons against another person without that person’s consent. The act may be carried out by physical force, coercion, abuse of authority, or with a person who is incapable of valid consent.
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Sexual assault is an involuntary sexual act in which a person is threatened, coerced, or forced to engage in a sexual act against their will, or any sexual touching of a person who has not consented. This includes rape, inappropriate touching, forced kissing, child sexual abuse, or the torture of the victim in a sexual manner.
First-degree homicide is an unlawful killing that is both willful and premeditated, meaning that it was committed after planning or “lying in wait” for the victim.
Robbery is theft or larceny of property or money through the offender’s use of physical force or fear against the victim. Where a deadly weapon such as a gun is used or the victim suffers injury. The robbery may be “armed” or “aggravated.” Unlike burglary, the crime of robbery requires the presence of a victim who suffers actual injury, or threatened with harm.
Fraud to obtain access to government assistance is intentional misrepresentation, concealment, or withholding of information in order to get any, or increased, public assistance or food stamp benefits.
If someone intentionally signs any papers (application for benefits, questionnaire, or recertification papers) in which the information in the papers is not true, they have committed fraud. This is true even if they never end up receiving any public assistance or food stamps at all.
Fraud schemes typically include three major elements: fraud objective, fraud method, and execution. Some common fraud schemes are:
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Telemarketing fraud;
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Investment-related scams;
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Internet scams;
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Credit card fraud;
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Counterfeit prescription drug; and
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Reverse mortgage scams.
Theft of government funds/property is an act by which an individual embezzles, steals, misappropriates, or knowingly converts to their use or the use of another, or without authority, sells, conveys or disposes of any record, voucher, money, or thing of value of the United States or of any department or agency thereof. This offense also applies to someone who receives, conceals or retains the same with intent to convert it to their use or gain, knowing it to have been embezzled, stolen, misappropriated, or converted.
Abuse or neglect is any act or failure to act on the part of a parent, caretaker or spouse that results in death, serious physical or emotional harm, sexual abuse or exploitation, or an act or failure to act which presents an imminent risk of serious harm.
Forgery is the act of making, drawing or altering a document in order to deceive people. This includes filling in blanks on a document containing a genuine signature, or materially altering or erasing an existing instrument. Instruments may include bills of exchange, promissory notes, checks, bonds, receipts, mortgages, deeds, public records, account books, and tickets or passes for transportation or events. An underlying intent to defraud, based on knowledge of the false nature of the instrument, must accompany the Act.
Identity theft or identity fraud, refer to all types of crime in which someone wrongfully obtains and uses another person’s personal data in some way that involves fraud or deception, typically for economic gain. Personal data may include a social security number, bank account or credit card number, telephone calling card number or other valuable identifying information that someone can use for profit.
A digest of State or Territory felony crimes associated with these barred crimes is located in GN 00502.301.
NOTE: If an individual is currently serving as payee and you discover they were convicted of one of these crimes, and they are not an exception as listed in GN 00502.133A.4 in this section, you must remove them as payee and develop for a new payee or consider direct payment to the beneficiary.
For information on determining capability for adult beneficiaries, see GN 00502.020.
For information on determining capability for children, see GN 00502.070.
For information on direct payment prohibitions, see GN 00502.001.
For information on documenting your determination, see GN 00502.133B.4.
